Appeal dismissed without costs

Sarath MALALASEKERA

The Court of Appeal dismissed an application without costs filed by Muththu Kandasami Vishvanadan of Roehampton Estate, Haputale.

The Bench consisting of President's Counsel Justice Sathya Hettige, President of the Court of Appeal and Justice Anil Gooneratne said in the judgment on the other objection with respect to sub para 'C' of the prayer to the Petition, I observe that the petitioner has failed to urge the grounds on which he relies for issues of writ of certiorari.

Taking the entirety of the averments in the pleadings of the Petitioner there is an absence to demonstrate the grounds for the issue of a writ. The entire affidavit and petition is aimed at getting relief from the third respondent to get the relevant gazette quashed (although not proved). As such I need not consider the question whether prayer 'C' of the relief is subject to the writ jurisdiction. However it appears that it will does not lie, even under prayer 'C'.

Justice Anil Gooneratne in his judgement with Justice Sathya Hettige agreeing, stated in all the above circumstances we uphold the preliminary objection raised before us and hold that this application is not amenable to the writ jurisdiction of this Court. Accordingly we refuse formal notice and the application is dismissed without costs.

The Petitioner Muththu Kandasami Vishvanadan of Haputale cited United People's Freedom Alliance, its General Secretary Minister Susil Premajayantha, Commissioner of Elections Dayananda Dissanayake and Sujeewa Jayasinghe of Keppetipola Road, Badulla as respondents.

Senior Attorney Chandana Liyanapatabendy with Mary Dickman appeared for the first and second respondents.

Additional Solicitor General President's Counsel A. Gnanathasan with State Counsel Yuresha Fernando appeared for the third respondent.

Senior Attorney Kushan de Alwis with Chamath Fernando instructed by Mary Dickman appeared for the fourth respondent.

Senior Attorney Daya Guruge with Chathura Galhena instructed by Lahiry N. Silva appeared for the petitioner.

The judgement also stated that this is a writ application by a candidate of the first respondent party list for Badulla District in the Provincial Council Election held in August 2009 and he obtained 17,255 votes and was placed 16th in the preferential list (15th member in the preferential votes list were declared elected).

The petitioner states that he received the highest number of votes in the preferential votes list among the candidates not selected to the Provincial Council in 2009.